Tuesday, December 20, 2011

DNA is enough to toll Statute of Limitations indefinetly?

A recent Tennessee Court of Criminal Appeals case has upheld the conviction of a man for attempted aggravated rape for an attack that occurred in 1994.  The warrant was taken out against "John Doe" with the attacker's DNA profile attached to uniquely identify the individual.  The defendant was not charged until approximately 6 years after the Statue of Limitation would have ran for the criminal charge of attempted aggravated rape.  While this gives victims of crimes additional time for justice in their crimes, it may be found ultimately un-Constitutional as it could arguably violate both the Fourth Amendment requirement that warrants have particularity and the defendant's Sixth Amendment right to a Speedy Trial. 

If you or your loved ones are facing criminal charges, let the the Law Offices of Andrew E. Farmer assist you in defending your rights.  Our licensed Tennessee attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties.

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